Decato Law Office – Who are we?
I have been reading up on why people dislike lawyers so much. You would think I would know, however I still [...]
NH Law
Trial Notebooks for Any Case (DUI, Family Court, Custody Cases)
I like structure. As a result – I like the idea of a trial notebook. In my notebook, I break the [...]
The Trial Attorney – Painting Pictures
I can barely draw a straight line – let alone paint a picture. Notwithstanding, I’m in the picture [...]
Litigation Themes
Every attorney who has ever been serious about trying cases in court will understand the need to develop a [...]
Handling Accident Cases
Accident cases for attorneys are often regarded as bread and butter cases. So what are they all about and how [...]
Motions to Reconsider
You’ve probably heard of motions to reconsider. If you haven’t, think of a motion to reconsider as the [...]
Employer Liability
Let me start with some legal speak – at common law, a master was responsible for the torts of his [...]
The Law of Defamation
On one occasion, I was researching the law of defamation. In doing so, I stumbled upon words written by [...]
Why You Should Have Your Record of Arrest, Conviction and Sentence Annulled
I was recently asked: “Why should I have my record of arrest, conviction and sentence annulled.” I was [...]
Statutory Rape in New Hampshire
Statistics show that 16% of adolescents under the age of 15 have had sex. About one third of all high school [...]
Discrimination Sucks
You’ve likely seen the bumper sticker that says “Mean People Suck!” Well, I’m going to carry the [...]
The Language of The Law
I’m in the business of explaining the law to my clients. There are times when I do a poor job of it. [...]
The Guilty, Nolo and Alford Pleas
At an arraignment or at a plea and sentencing hearing, a defendant enters a plea. One of the plea options is [...]
You are Pulled over and You Did What>
You’ve gone out to a fine restaurant. The waiter has handed you a wine list. You make a selection. When the [...]
Felonies are Mortal Sins – Misdemeanors are Venial Sins
My office building was a former convent. For that reason, forgive me if I draw upon precepts of Christianity [...]
The Corpus Delecti and the Actus Reus
I don’t know how old I was when I first heard the words corpus delecti, but I can tell you I enjoyed saying [...]
Lesser Included Offenses
A lesser included offense is a criminal offense that is made up of some, but not all, of the elements of a [...]
Capital Murder in New Hampshire
New Hampshire has a capital murder statute. One clear way to commit capital murder in New Hampshire is to [...]
Common Law Marriage in New Hampshire
A number of years ago, a local man died after living with a woman for about 25 years. Although the man asked [...]
Is it Your Baby?
According to the US Department of Health and Human Services – childbearing by unmarried women has [...]
Jurisdiction Issues in a Divorce Proceeding
Clients rarely know this, but during their first interview with an attorney, the first real issue to resolve [...]
How Child Support Obligations Are Calculated
“It wasn’t always the way it is.” That’s what I tell people when they ask how child support [...]
Interference with Parental Visitation
Forgive me for using the word visitation. We generally use the words physical responsibility or parent-child [...]
Grandparent Visitation Rights in New Hampshire
Traditionally, the common law denied grandparents visitation with a child over a parent’s objections. [...]
Divorce and Military Pensions
A military pension is a retirement benefit just like other pensions. A military pension is provided to [...]
Cohabitation Agreements – Why They are Necessary
I married in 1968. According to Pew Research Center, at the time I married, about 9% of men and 8% of women [...]
Alimony/Maintenance Awards
Alimony/Maintenance Awards It appears there was a time when alimony/spousal maintenance was awarded as [...]
Proving Loss of Life Damages in New Hampshire
Part of the damages that can be claimed in a wrongful death action in New Hampshire are loss of life damages. [...]
Ruling from the Graveyard: Life Estates
Consider the following language that appears in a deed (but could also appear in a will): “The [...]
Ripping and Tearing – How to Revoke a Prior Will
You’ve just looked at the will you created ten years ago and you say “Whoa, what was I thinking?” Then [...]
Fighting Wills and Playing Tennis
In New Hampshire, we have a concept called self-proving wills. A will is self proving as long as it [...]
No Contest Clauses
It has been a long-standing rule in New Hampshire that a beneficiary who contests a will will forfeit his/her [...]
Will Substitutes
Whenever we think of the process of transferring property at death, we always think of wills; however, there [...]
Formalities of Writing a Will
The following actually occurred. A man’s aunt, a New Hampshire resident, is dying in the hospital. She has [...]
NH and VT — Legal Differences
Decato Law Office practices in two states (New Hampshire and Vermont). Having grown up in Lebanon (a New [...]
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